Bandar Mahkota Cheras inquiry: Mechanic says he was beaten by FRU. KUALA LUMPUR: The Human Rights Commission of Malaysia's (Suhakam) two-day public inquiry into the allegation of excessive use of force by law enforcement personnel at Persiaran Bandar Mahkota Cheras 1, Bandar Mahkota Cheras on May 27 began Wednesday.

The first witness of the alleged assault by FRU personnel at the disputed Bandar Mahkota Cheras barricade in May claimed that he stopped his car before making a U-turn as there were cars in front of him when he saw at least 10 FRU personnel carrying batons and shields rushing to his car.

Chang Jiun Haur, who is a 23-year-old mechanic, said the FRU personnel kicked his car door, hit the passenger door window screen and opened the door before he was forcibly dragged out by at least five personnel who later beat him until he lost consciousness.

"Four to five persons pulled my T-shirt. They dragged me out of my car, threw me on the ground and beat me up. I couldn't see their faces. They were wearing helmets. I did not have time to see their identification. I was beaten on my face, head, arm and back with something very solid and hard. I couldn't do anything when they beat me," said Chang.

He was replying to a question by Suhakam commissioner Datin Paduka Zaitoon Othman on how the alleged assault took place.

Asked how he knew that they were FRU personnel, Chang said: "They were wearing the uniforms."

Chang who claimed that he was passing by the area with his younger sister Jiun Mein, 21 and two other friends Chan Siew Meng and Chok Kem Hoo at 11.30pm from his home in Persiaran Mahkota Cheras, said he was scared when the personnel kept on kicking his car while shouting, keluar, keluar (come out, come out).

Chang said he regained consciousness at Kajang Hospital where he was admitted for one day and he was brought to Seremban Hospital by his father the following day to have an X-ray examination done. He lodged a police report on the matter at the Seremban police station on May 29.

On June 10, Chang was charged with reckless driving during the incident at Bandar Mahkota Cheras.

Gan Ping Sieu, the lawyer representing Chang, his sister and his two friends, said after getting Suhakam's report on the findings of the alleged assault, his client would proceed with legal action against the police and the Government.

"In any event, my clients will proceed with the civil suit," said Gan, who is also MCA Youth legal bureau head.

Gan said he had written on behalf of his clients to Inspector-General of Police Tan Sri Musa Hassan and the Home Ministry to take action against the personnel but so far no action had been taken.

"It is very regretful that there has been no response from the IGP and the Home Ministry. I'm sure the police can tell who were involved by looking at the videoclip. There is no reason why the police can't identify the personnel involved in the alleged assault."

Eleven others are also scheduled to give their statement for the first day of the inquiry and 10 others are expected to be called in on Thursday.

KUALA LUMPUR: A video showing scores of FRU and plainclothes policemen surrounding and hitting at a car and pulling the occupants out was presented at a Human Rights Commission of Malaysia (Suhakam) public inquiry.

The video, taken by an online news portal cameraman Ng Kok Foong, showed the police personnel shouting at and shoving the black Proton Wira while bystanders shouted for them to stop.

At one point in the 30-minute video one FRU officer was seen hitting the car with his riot shield.

Suhakam is holding the inquiry into alleged excessive use of force by the police at the disputed Bandar Mahkota Cheras barricade on May 27.

Lai Wai Chong and Chong Yuan Chun testified that they saw an FRU officer hit the driver, Chang Jiun Hiur, with his shield as he was trying to get up after being beaten.

They said they recognised the officer for his good looks.

The end of the video showed Chang, 23, lying shirtless with his nose plastered and blood on his body.

Ng said he went to the Kajang Hospital with his colleagues to visit Chang at midnight. He said Chang was conscious but did not reply to any of their questions.

Several witnesses testified that the car had accelerated quickly before stopping behind another car at the apex of the U-turn near the barricade.

This sudden acceleration apparently resulted in the police personnel thinking that the driver wanted to ram his vehicle into the FRU line and plainclothes officers then surrounded the vehicle.

Journalist Syed Jaymal Zahiid Syed Kamal recounted how the four occupants of the car were forced out of the vehicle.

“I was behind the FRU line. They started hitting the car and shouted for them to get out,” he said.

He said three officers dragged one of the rear passengers out first who was crying and telling them to stop beating him.

“Next, they dragged the driver out. He was already bleeding,” he said, adding that the officers dragged him out, sat him down and continued to beat him.

He added that the driver’s window had been shattered and they were punching the driver through the open window.

The last two to be forced out were a male and female who was not handled as roughly as the first two.

Syed Jaymal said he asked one of the officers what had happened.

“The officer said the driver had run down one of their men and was acting aggressively. 'So we acted aggressively as well. He asked for it',” he said.

He said he did not get a reply when he asked which officer had been run down.

KUALA LUMPUR: A police inspector and a constable claimed at a public inquiry yesterday that the Federal Reserve Unit (FRU) had to use force in the May 27 incident in Bandar Mahkota Cheras.

This was because Chang Jiun Haur, 23, refused to cooperate with police and also kicked a police officer.

Inspector Muhammad Hasmizal Hassan, 28, said that as he approached Chang's Proton Wira, he told him to "please cooperate and get out of the car".

Hasmizal claimed that the engine was still running and Chang was jerking the car back and forth. At that point, two other passengers alighted.

He said that when someone opened the car door he grabbed Chang's shoulder but only managed to get his shirt. He then tried to grab Chang again but was kicked on his right leg.At this point, FRU officers pushed Hasmizal out of the way and pulled Chang out of the car.

Hasmizal claimed that Chang's face hit the car door as he was pulled out and he then hit the pavement face down. He also claimed that he told his officers to "calm down and just hold".

Constable Ezez Johari, 23, said it was his opinion that "force was needed in the incident".

Ezez claimed that Chang was driving so fast that he had to jump on the barrier along Persiaran Mahkota Cheras as the car sped by.

He told the FRU officers to stop Chang's car. Ezez, who was the first to reach the car, said he asked Chang to get out but he refused to do so.

"Chang's window was down, so I reached in to grab his keys and open the car door," said Ezez, adding that Chang closed the door again and wound up his window.

That was when an FRU officer using a pump gun, smashed open Chang's window, said Ezez.

The inquiry, which was in its fourth day, was chaired by Suhakam commissioners Datin Paduka Zaitoon Othman, Datuk Khalid Ibrahim and Datuk Dr Cheam Heng Keng.

It will determine if excessive force was used or human rights violated during the incident, and recommend action against those responsible, if so.

KUALA LUMPUR: There was excessive use of force by the police and Federal Reserve Unit (FRU) personnel against alleged victims Chang Jium Haur and Chan Siew Meng during the Bandar Mahkota Cheras (BMC) incident, the Suhakam panel of inquiry concluded.

This was revealed by a report of Suhakam public inquiry into the allegation of excessive use of force by law enforcement personnel during the incident on May 27, 2008.

The matter hit the headlines when thousands of protesting residents decided to remove a barricade placed by highway toll concessionaire Grand Saga to block an access road to the highway affecting 40,000 residents.

This later turned ugly when residents clashed with police and FRU when Grand Saga decided to put back the boulders to block off the access road.

Works Minister Datuk Mohd Zin Mohd had to intervene and the road is temporarily opened pending a court decision.

The Suhakam panel was of the opinion that the excessive use of force by the law enforcement personnel violated the safety and security of Chang and Chan.

The evidence indicated that the police and FRU personnel were responsible four the violations of human rights in the incident, Suhakam said.

PETALING JAYA: MCA welcomes the Human Rights Commission of Malaysia (Suhakam) findings that law enforcement personnel had violated human rights when using excessive force on four people during the Bandar Mahkota Cheras fracas on May 27 last year.

Its political education bureau head Gan Ping Sieu urged the Inspector-General of Police and the Government to give due attention to the case and Suhakam’s recommendations.

“Charges must be brought against the errant officers to restore the confidence of the public in our police force,” he said in a statement here yesterday.

On Wednesday, Suhakam found that the police and the Federal Reserve Unit (FRU) had used excessive force on Chang Jiun Haur and Chan Siew Meng when residents gathered to pressure the Cheras-Kajang Expressway operator to remove barricades.

Gan is representing Chang in a reckless driving case.

He said the bureau would consider writing to the DPP to drop the charge, adding that punitive damages would be taken against the police later.

“Action must be taken against enforcement officers who used brutality against my clients and/or individuals responsible for the missing equipment from the victim’s car,” he said.

Gan added that it was unfortunate that Bukit Aman’s initial reply to complaints was evasive, lopsided and smacked of unprofessionalism in handling the matter and that police reports lodged were ignored.

Deputy Inspector-General of Police Tan Sri Ismail Omar said in a statement that the matter was now in the hands of the Attorney-General’s Chambers.

He said police cooperated with Suhakam in the inquiry by ordering all officers on duty the night of the incident to give their statements. On claims that FRU personnel were not wearing identification tags, he said the tags were covered by their vests.